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ATTACHMENT <br />Contract Provisions <br />All contracts awarded by a recipient, including small purchases, shall contain the following provisions as <br />applicable: <br />I. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with <br />Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O. 11375, <br />"Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented <br />by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal <br />Employment Opportunity, Department of Labor." <br />2. Copeland "Anti -Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and subgrants in <br />excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a <br />provision for compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874), as supplemented by <br />Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or <br />Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act <br />provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any <br />person employed in the construction, completion, or repair of public work, to give up any part of the <br />compensation to which he is otherwise entitled. The recipient shall report all suspected or reported <br />violations to the Federal awarding agency. <br />3. Davis -Bacon Act, as amended (40 U.S.C. 276a to a-7) - When required by Federal program <br />legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 <br />shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a-7) and as <br />supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions <br />Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, <br />contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum <br />wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall <br />be required to pay wages not less than once a week. The recipient shall place a copy of the current <br />prevailing wage determination issued by the Department of Labor in each solicitation and the award of a <br />contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report <br />all suspected or reported violations to the Federal awarding agency. <br />4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - Where applicable, all <br />contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for <br />other contracts that involve the employment of mechanics or laborers shall include a provision for <br />compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. <br />327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of <br />the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the <br />basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible <br />provided that the worker is compensated at a rate of not less than 1 '/z times the basic rate of pay for all <br />hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to <br />construction work and provides that no laborer or mechanic shall be required to work in surroundings or <br />under working conditions which are unsanitary, hazardous or dangerous. These requirements do not <br />apply to the purchases of supplies or materials or articles ordinarily available on the open market, or <br />contracts for transportation or transmission of intelligence. <br />5. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the <br />performance of experimental, developmental, or research work shall provide for the rights of the Federal <br />Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to <br />Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, <br />Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding <br />agency. <br />DEP Agreement No. G0182, Attachment J. Page 1 of 3 <br />